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CHAPTER 3: HOW WASTE INCINERATION INSTALLATIONS
WILL BE REGULATED
3.1 How sites will be regulated
The intention is that all waste incineration
installations will eventually be regulated as Part A
processes under the
PPC Regulations. There are transitional
arrangements for existing plants, which are defined in the
following sections and in Chapter 4.
Incineration is a regulated activity under Section
5.1 of Part 1 of Schedule 1 to the
PPC Regulations. Some significant
adjustments have been made to Section 5.1 by the new
Regulations to ensure that all waste incineration
installations falling within the scope of
WID are classified as Part A processes.
Larger excluded plants (those with a capacity equal to or
greater than 1 tonne per hour) will be regulated as Part A
processes, and other excluded plant will be regulated as
Part B processes or will fall outside the scope of
PPC regulation altogether if their
capacity is below 50kg per hour.
Many co-incinerators fall within the definition of Part
A processes under various sections of Part 1 of Schedule 1
to the
PPC Regulations. Co-incineration of
waste will become a Part A process under Section 5.1 of
Part 1 of Schedule 1 where it is not already a Part A
process under another section.
For example, a 60
MW boiler is regulated as a Part A
process. If the boiler sometimes burns waste as an
additional fuel then it would remain regulated as a Part A
process under the same section as before, but the
requirements of the Regulations would apply.
It should be remembered that for waste incineration
installations there is no lower capacity limit under which
the requirements of the Regulations do not apply. For
excluded plant the capacity is used as the threshold to
determine if the process is regulated as a Part A or Part B
process, or under the waste management licensing
regime.
The capacity of an incineration process should be
calculated based on overall cycle time for the process to
complete all the necessary operations. The cycle time
cannot use delays introduced by the operator, e.g. decision
to only work 12 hours a day, or other external constraints,
e.g. that the meat and livestock commission do not operate
at night. Only legitimate process steps constrained by the
equipment and techniques employed to operate the process
are valid in an assessment of cycle time. The total mass
charged during the period is divided by the total cycle
time, and the resultant number gives the operating rate. It
is this number which should then be compared with any
capacity constraints in the Regulations to determine
whether or not it is a prescribed activity, and if so what
type. There are at least two sets of numbers which can be
used for the calculation, either the design numbers or
actual operating numbers. For deciding on capacity for the
purpose of the Regulations the original maximum design
capacity figures obtained by this method are used, or where
modified, any resultant maximum capacity. Where there are
several units, the capacity of each unit by this method
should be added together to get an overall installation
capacity.
Installations falling within paragraphs (f), (g) or (h)
of Part A of the new Section 5.1 are not waste incineration
installations within the meaning of the Regulations. They
will be regulated as Part A processes under
PPC but they are not subject to the
requirements placed on waste incineration installations
described in Chapters 4 and 5. Paragraph (h) was inserted
by the Pollution Prevention and Control (Scotland)
Amendment Regulations 2005 (
SSI 2005 No 101). These 2005 Regulations
also amended Part B of Section 5.1.
The reference point for the
BAT consideration will be indicated by
the requirements and standards within the Regulations. As
new techniques become available, or are refined,
BAT may require a plant to operate to
standards tighter than those in the Regulations. It should
also be noted that the requirements of the Regulations only
cover part of the
BAT assessment. The operator will need
to demonstrate
BAT across the full range of areas
covered by it, as detailed in the
PPC Regulations.
Section 5.1 of Part 1 of Schedule 1 to the
PPC Regulations is divided into a number
of paragraphs. The paragraph which an installation falls
into is important in determining the detailed permitting
requirements to which the plant will be subject. The
following table explains the new Section 5.1
paragraphs.
Section 5.1 | Explanation |
|---|
Part A activity |
|---|
(a) The incineration of hazardous waste in
an incineration plant. | This paragraph does not include the
incineration of hazardous waste in an excluded
plant. Such plant are covered by Part A
(f). This paragraph does not include
co-incineration of hazardous waste. This
activity is covered by Part A (b). There is no lower capacity threshold for
this paragraph. |
(b) Unless carried out as part of any other
Part A activity, the incineration of hazardous
waste in a co-incineration plant. | This paragraph covers co-incineration plants
that were part of an activity that, before the
regulations, were regulated as a Part B
installation in any Section of Part 1 of
Schedule 1 to the
PPC Regulations. There is no
lower capacity threshold for this
paragraph. Such co-incinerators now need to be
regulated as Part A activities and have,
therefore, been brought within Part A of
Section 5.1. It is not expected that many
installations will fall within this
paragraph. |
(c) The incineration of non-hazardous waste
in an incineration plant with a capacity of 1
tonne or more per hour. | This paragraph does not include the
incineration of non-hazardous waste in an
excluded plant. Such plant is covered by Part A
(g) for plant with a capacity of one tonne or
more per hour. |
(d) The incineration of non-hazardous waste
in an incineration plant with a capacity of
less than 1 tonne per hour. | This paragraph does not include the
incineration of non-hazardous waste in an
excluded plant. Such plant is covered by Part B
(a) for plant with a capacity of less than one
tonne (but 50 kilogrammes or more) per hour.
There is no lower capacity threshold for this
paragraph. The incineration of non-hazardous waste in
an excluded plant with a capacity of less than
50kg per hour is regulated under the waste
management licensing regime. Operators of plants falling within this
paragraph should read Section 3.2 below. |
(e) Unless carried out as part of any other
Part A activity, the incineration of
non-hazardous waste in a co-incineration
plant. | This paragraph covers co-incineration plants
that were part of an activity that, before the
regulations, were regulated as a Part B
activities under any Section of Part 1 of
Schedule 1 to the
PPC Regulations. There is no
lower capacity threshold for this
paragraph. Such co-incinerators now need to be
regulated as Part A activities and have,
therefore, been brought within Part A of
Section 5.1. Operators of plants falling within this
paragraph should read Section 3.2 below. |
(f) Unless carried out as part of any other
Part A activity, the incineration of hazardous
waste in an excluded plant. | If the incineration plant does not burn ONLY
waste that causes the plant to be classed as
excluded plant then the activity is covered by
paragraph Part A (a). There is no lower
capacity threshold for this paragraph. Plants falling under this paragraph are not
waste incineration installations within the
meaning of the Waste Incineration Regulations.
Such installations must comply with the
requirements of the
PPC Regulations but are not
subject to the requirements set out in Chapters
4 and 5 of this guidance. An example of a plant that may fall within
this paragraph is experimental plant used for
research, development and testing in order to
improve the incineration process and which
treat less than 50 tonnes of waste per
year. |
(g) Unless carried out as part of any other
Part A activity, the incineration of
non-hazardous waste in an excluded plant with a
capacity of one tonne or more per hour. | If the incineration plant does not burn ONLY
waste that causes the plant to be classed as
excluded plant then the activity is covered by
paragraph Part A (c) for plant with a capacity
of one tonne or more per hour. Plants falling within this paragraph are not
waste incineration installations within the
meaning of the Waste Incineration
Regulations. Such installations must comply with the
requirements of the
PPC Regulations but are not
subject to the requirements set out in Chapters
4 and 5 of this guidance. |
(h) Unless carried out as part of any other
Part A activity, the incineration of animal
carcasses in an excluded plant with a capacity
of more than 10 tonnes per day
(4). | If the incineration plant does not burn ONLY
animal carcasses then the plant will be covered
by another paragraph under Section 5.1. Please
note the 10 tonne threshold that applies to
animal carcass incinerators is per day. Plants falling within this paragraph are not
waste incineration installations within the
meaning of the Waste Incineration
Regulations. Such installations must comply with the
PPC Regulations but are not
subject to the requirements set out in Chapters
4 and 5 of this guidance. |
Part B activity |
|---|
(a) The incineration of non-hazardous waste,
other than animal carcasses, in an excluded
plant with a capacity of 50 kilogrammes or more
per hour but less than 1 tonne per hour
(5). | If the incineration plant does not burn ONLY
waste that causes the plant to be classed as
excluded plant then the activity is covered by
paragraph Part A (d) for plant with a capacity
of less than one tonne per hour. If the incineration plant ONLY burns animal
carcasses then the activity is covered by
paragraph Part B (b) for plant with a capacity
of 10 tonnes per day or less (but 50kg or more
per hour). The incineration of non-hazardous waste in
an excluded plant with a capacity of less than
50kg per hour is regulated under the waste
management licensing regime. Plants falling within this paragraph are not
waste incineration installations within the
meaning of the Waste Incineration
Regulations. Such installations must comply with the
requirements of the
PPC Regulations but are not
subject to the requirements set out in Chapters
4 and 5 of this guidance. |
(b) The incineration of animal carcasses in
an excluded plant with a capacity of 50
kilogrammes or more per hour but equal to or
less than 10 tonnes per day
(6). | If the incineration plant does not burn ONLY
animal carcasses then the plant will be covered
by another paragraph under Section 5.1. Please
note the 10 tonne threshold that applies to
animal carcass incinerators is per day. Plants falling within this paragraph are not
waste incineration installations within the
meaning of the Waste Incineration
Regulations. Such installations must comply with the
PPC Regulations but are not
subject to the requirements set out in Chapters
4 and 5 of this guidance. |
(c) The cremation of human remains. | Plants falling within this paragraph are not
waste incineration installations within the
meaning of the Waste Incineration Regulations.
Such installations must comply with the
requirements of the
PPC Regulations but are not
subject to the requirements set out in Chapters
4 and 5 of this guidance. |
A minor adjustment has also been made by the Regulations
to Section 6.8 of Part 1 of Schedule 1 to the
PPC Regulations, to ensure that the
incineration of animal carcasses falls within Section 5.1
and not Section 6.8.
3.2 Important Information for Operators of
Plants falling within Section 5.1 Part A Paragraphs (d)
and (e)
As noted above, most incineration and co-incineration
installations have been brought within Part A of Section
5.1 of the
PPC regime. However, certain types and
sizes of incineration and co-incineration installations
will fall outwith the scope of the Integrated Pollution
Prevention and Control (
IPPC) Directive. Specifically,
installations falling under paragraphs (d) and (e) of Part
A of Section 5.1 fall outwith the scope of
IPPC.
The Regulations ensure that those installations that
fall within the scope of the Waste Incineration Directive,
but not the
IPPC Directive,
are not required to comply with any more stringent
requirements than are imposed by the Waste Incineration
Directive. To achieve this, the Regulations
disapply certain requirements that flow from the
IPPC Directive to installations falling
under paragraphs (d) and (e) of Part A of Section 5.1.
These plants are not required to undertake a site
condition report as part of the application process, nor
are they required to apply to surrender the permit after
operations have ceased.
Where a plant regulated under paragraph A(d) or (e)
changes operations such that it falls within paragraph
A(a), (b) or (c) then the operator will be required to
submit the information that would have been required if the
application had originally been for a process falling with
paragraph A(a), (b) or (c).
3.3 When do plants need to comply with the new
Regulations?
The date when a plant needs to comply with the
Regulations depends on whether the incinerator or
co-incinerator is deemed to be new or existing. The meaning
of an "
existing waste incineration installation"
is defined in the Regulations as:
- For a co-incineration plant, one which-
(i) is in operation before 28th December 2002
following the grant of a relevant approval; or
(ii) is put into operation by 28th December 2004
following the grant of a relevant approval before
28th December 2002 or the grant of a relevant approval,
where the application for such an approval was duly
made before 28th December 2002.
- For an incineration plant, one which-
(i) is in operation before 28th December 2002
following the grant of a relevant approval;
(ii) is put into operation by 28th December 2003
following the grant of a relevant approval before
28th December 2002; or
(iii) is put into operation by 28th December 2004
following the grant of a relevant approval, where the
application for such an approval was duly made before
28th December 2002.
In this context a "relevant approval" is any of the
following-
(a) a permit under the
PPC Regulations;
(b) an authorisation under Part I of the
EPA;
(c) a waste management licence under Part II of the
EPA;
(d) an 'exempt' activity which is-
(i) registered under regulation 18 of the Waste
Management Licensing Regulations 1994 as exempt
from the requirement to have a licence; and
(ii) carried out so as to comply with all the
conditions detailed in those Regulations
appropriate for that exemption.
The diagrams on the following page should help to
illustrate whether a plant is new or existing for the
purposes of the Regulations and when it needs to comply
with the regulations.
Compliance deadlines for incinerators.
Compliance deadlines for
co-incinerators.
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